As (Adequate Accomodation_Question of fact)
| Jurisdiction | England & Wales |
| Judge | Mr J Freeman,Mrs A J F Cross De Chavannes |
| Judgment Date | 27 January 2004 |
| Neutral Citation | [2004] UKIAT 6 |
| Court | Immigration Appeals Tribunal |
| Date | 27 January 2004 |
[2004] UKIAT 6
IMMIGRATION APPEAL TRIBUNAL
Mr J Freeman (Chairman)
Mrs A J F Cross De Chavannes
For the appellant: Mr R Sheikh, RS Advisory Service
For the respondent: Mr M Davidson
AS (Adequate Accomodation_Question of fact) Pakistan
This is an appeal from a decision of an adjudicator, Mrs N J Gladstone, sitting at Birmingham on 28 April 2003, in which she dismissed an appeal against refusal of a husband visa on the basis that the accommodation requirement was not met.
The accommodation point had been taken by the entry clearance officer in the notice of refusal, though on the basis that there was no evidence of security of tenure. This is no longer in issue. However, the physical adequacy of the accommodation was dealt with in a surveyor's report by Mr J H Brown FRICS, sent to the entry clearance officer by those representing the appellant.
The surveyor described the house in question, which is a fairly small three-bedroomed terrace house. On the ground floor there is what is described as a “through-lounge”, measuring 26' x 12', and a kitchen and bathroom. On the first floor, the first bedroom measures 11'3” x 13'4”, the second 11'1” x 7'10”, and the third 11'1” x 8'3”.
The adjudicator dealt in some detail with the accommodation requirements at paragraph 18:
In relation to accommodation, the documentary evidence submitted confirms ownership and mortgage payments. I am aware an expert's report is not required to confirm adequacy of accommodation. As set in Rehman , the adequacy must be assessed in the light of the facts of each individual case. The report from the surveyors is dated 23 April 2002. The children's ages in that are given as 9, 4 1/2, 2 1/2 and 10 months. These do not accord with the ages over a year on given by the sponsor.
We pause at that point to note that the adjudicator should have dealt with the situation as it was at the date of the decision.
The adjudicator went on:
However, I reiterate that regardless of the requirements of the report, there is no evidence in relation to the number of units for the property. In practical terms two adult couples, a ten year old boy and three other children will be sharing a three-bedroomed property. I do not consider that the through-lounge is adequate in relation to sleeping accommodation as it is not self-contained. It has an open tread staircase leading to the first floor. It seems also that there is no hallway, so access to the kitchen and bathroom on the ground floor are through that room. On balance I am not satisfied that there will be adequate accommodation at 62 Chapel Street for the appellant and his sponsor in accordance with the Rules.
Leave to appeal was given in general terms. The grounds of appeal were based on the provisions of the Housing Act 1985, to which we shall return, and on the decision in Nighat Sultana (19228) (written by Mrs RN Mannion) of which we have been presented with only a brief summary. There is also the authority referred to by the adjudicator, Rehman (16671), (written by Mr HJE Latter, vice-president) again in summary only; and a further letter faxed by the surveyor dated 4 June 2003 in which he says:
Having regard to the Section of the Housing Act 1985 I consider the accommodation as at the date of inspection to be adequate for the occupant as stated together with the applicant although congested.
The surveyor gives no reference to the section of the Housing Act to which he refers; nor details of any calculations. This falls well below the standards to be expected of any professional expert witness. We have had to...
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